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(영문) 대전지방법원 천안지원 2019.01.30 2018고합248
현주건조물방화
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 13, 2018, at around 03:10 on September 13, 2018, the Defendant, the father D and mother of the Defendant, and the Defendant’s father D and mother, were able to commit suicide in the dwelling of Asan City B apartment C, while they were unable to locked due to the influence of depression, attached a bit with a single-use pen, and continuously attached a fire to the clothes that the Defendant was on his be on his bed, and continued to spread to the two rooms and the entire dwelling space of the 16th square apartment.

Accordingly, the defendant and the father D and mother of the defendant destroyed the apartment bond of KRW 33,800,000 to be used as a residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written estimate;

1. The defendant and his defense counsel asserts to the effect that the defendant was in a state of mental disability caused by mental illness, etc. at the time of committing the instant crime.

The mental disorder stipulated in Article 10 of the Criminal Act is a biological element, and it needs to be determined that mental disorder, such as mental illness or abnormal mental state, is lacking or reduced in the ability to distinguish things and the ability to control action accordingly due to such mental disorder as a psychological element. Thus, even if a person with mental disorder is a person with normal mental disorder at the time of committing the crime, it cannot be deemed a mental disorder if he/she had normal ability to discern things or control action.

(2) According to the evidence of this case, the Defendant, at the time of committing the instant crime, testified that the Defendant was instructed to the exchange office, the exchange hall, and the deceased, etc., and was hospitalized and treated as a patient due to a bipolartic disorder, is recognized.

However, in light of the circumstances leading up to the instant crime, the method and contents of the crime, the defendant's act before and after the crime, and the details of the defendant's specific statement about the situation at the time.

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